STATE OF BIHAR Vs. SITARAM JHUNJHUNWALA

JUDGEMENT

(1.) This appeal has been preferred by the State Government against the acquittal of the respondent of an offence alleged to have been committed by him under Section 220 (3) of the Companies Act, 1956.

(2.) The prosecution case is that the respondent was one of the Directors of Bihar Cable and Wire Industries Ltd. Bihar and that he had been in default in the matter of filing copies of balance-sheets and profit and lose account of the company as required by Sub-sections (1) and (2) of Section 220 of the Companies Act. The due date for filing these documents was the 25th May, 1962; but they were not filed even a long time thereafter in spite of reminders. Accordingly, a complaint was made by the Registrar of the Companies, on the basis of which the present prosecution was started against the respondent.

(3.) The defence put forward by the respondent was that he was not a Director of the company at the relevant time, inasmuch as he had resigned his office as such on the 3rd February, 1962. The resignation was conveyed to the company by means of a post card, Exhibit B.